Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

Professor Dagmar Schiek is Jean Monnet Professor for European Economic Law at University Carl von Ossietzky Oldenburg (Germany) and has been a visiting professor at University of Ulster, London School of Economics and Maastricht University. Professor Lisa Waddington holds the European Disability Forum Chair in European Disability Law at Maastricht University, the Netherlands. Professor Mark Bell is attached to the Centre for European Law and Integration, Faculty of Law, University of Leicester.

...more than simply a casebook as it integrates extracts from case law and legislation with extensive academic commentary...a timely, illuminating, comprehensive and hugely relevant study...[combines] encyclopaedic breadth with scholarly depth. The book is an excellent reference point for anyone practising or interested in non-discrimination law and a rich teaching and curriculum development resource...its integration of different legal regimes into a coherent and accessible narrative is a particularly helpful vantage-point. Anastasia Vakulenko European Law Review 2008 The casebook provides for diverse and fragmented but fascinating reading. That non-discrimination law is a difficult and evolving complex becomes perfectly clear. Connections between international, community and national legal developments are clarified...Perhaps the most significant insight provided by the casebook is the tension between Community law and national law, as revealed by the comparative analysis...this is an important and inspiring addition to the literature on non-discrimination. Karoliina Ahtela European Law Journal Volume 15, 2009

• Chapter 1. Discrimination Grounds 1.1. Introduction 1.2. "Suspect" grounds of discrimination 1.3. The grounds of discrimination 1.4. Discrimination on grounds of assumed characteristics and discrimination by association 1.5. Multiple discrimination 1.6. Comparative analysis Chapter 2. Direct discrimination 2.1. Introduction 2.2. Recognising direct discrimination 2.3. Establishing direct discrimination 2.4. Proving direct discrimination 2.5. Segregation 2.6. Justifications and exceptions 2.7. Comparative analysis Chapter 3. Indirect discrimination 3.1. Introduction 3.2. Rationales and conceptions of indirect discrimination law 3.3. Origins of indirect discrimination law 3.4. Problems of comparison 3.5. Indirect discrimination - specific elements 3.6. Comparative analysis Chapter 4. Harassment 4.1. Introduction 4.2. Historical development 4.3. The Regulation of Harassment and Sexual Harassment in the EU and its Member States prior to 2000 4.4. Regulation of Harassment and Sexual Harassment after Implementation of Directives 2004/43/EC, 2000/78/EC and 2002/73/EC 4.5. Comparative analysis Chapter 5. Instructions to Discriminate and Victimisation 5.1. Instructions to discriminate 5.2. Victimisation 5.3. Comparative analysis Chapter 6. Reasonable accommodation 6.1. Introduction 6.2. The meaning of the term "Reasonable Accommodation" 6.3. The entitlement to claim a "Reasonable Accommodation" and the obligation imposed on the party claiming and required to make the accommodation 6.4. Limitations on the obligation to make a "Reasonable Accommodation" and the "Disproportionate Burden" Requirement 6.5. Fitting the Duty to Accommodate into the Non-Discrimination Framework 6.6. The relationship of the Reasonable Accommodation Requirement to Positive Action in the Area of Employment 6.7. Comparative analysis Chapter 7. Positive Action 7.1. Introduction 7.2. The definition of positive action 7.3. A typology of positive action and other measures including examples 7.4. Positive action under international law 7.5. Positive action under European Union Law 7.6. Positive action before the national courts 7.7. Positive action policies and the protection of private life in the processing of personal data 7.8. Comparative analysis Chapter 8. Enforcement bodies 8.1. Introduction 8.2. Single or multiple equality bodies? 8.3. Overview of Models for Intervention 8.4 .Legal Norms for enforcement bodies 8.5. Functions 8.6. Protection of Independence 8.7. Comparative Analysis